Inspection of Electronic Devices — Why You May Be Chosen for an Inspection (Document 152-4)

Summary

A U.S. Customs and Border Protection publication titled Inspection of Electronic Devices, filed as Document 152-4 on March 15, 2021, in Case 2:20-cr-00579-SVW. The text explains why a traveler may be chosen for an inspection and states the authority to search persons, baggage, and merchandise arriving in or departing from the United States. A closing section, Consequences of Failure to Provide Information, states that collection of information is mandatory when CBP or ICE seeks to copy information from the device, and that failure to assist may result in detention or seizure. The publication is marked CBP Publication No. 2123-1215, Revised December 2015.

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Case 2:20-cr-00579-SVW Document 152-4 Filed 03/15/21 Page 2of3 Page ID #:1169

U.S. Customs and

Inspection of Electronic Devices

Why You May Be Chosen for an Inspection

You may be subject to an inspection for a variety of reasons, some of which
include: your travel documents are incomplete or you do not have the
proper documents or visa; you have previously violated one of the laws
CBP enforces; you have a name that matches a person of interest in one of
the government's enforcement databases; or you have been selected for a
random search.

If you are subject to inspection, you should expect to be treated in a courteous,
dignified, and professional manner. As the border is a law enforcement
environment, CBP officers may not be able to answer all of your questions
about an examination that is underway. If you have questions or concerns,
you may ask to speak with a CBP supervisor.

Authority to Search

All persons, baggage, and merchandise arriving in, or departing from, the
United States are subject to inspection, search and detention. This is because
CBP officers must determine the identity and citizenship of all persons seeking
entry into the United States, determine the admissibility of foreign nationals,
and deter the entry of possible terrorists, terrorist weapons, controlled
substances, and a wide variety of other prohibited and restricted items. CBP
is charged with enforcing various laws that authorize such searches and
detention (see, for example, 8 U.S.C. §§ 1225 and 1357, and 19 U.S.C. §§
482, 507, 1461, 1496, 1499, 1581, 1582, and 159Sa(d), 22 U.S.C. § 401, and 31
U.S.C. § 5317, as well as the attending regulations of U.S. Customs and Border
Protection promulgated at Titles 8 and 19 of the Code of Federal Regulations).

What Happens Now?

You are receiving this sheet because your electronic device(s) have been
detained for further examination, possibly including copying data contained
in the device. The CBP Officer who approved the detention will speak with
you and explain the process. You will receive a completed Form 6051-D,
which is a written receipt detailing the item(s) that are being detained and
who at CBP will be your point of contact and how to contact this person.
To facilitate the return of your property within a reasonable time, you must
provide a telephone number that will be recorded on the Form 6051-D.

For your convenience, some airport locations have dedicated Passenger
Service Managers who are available in addition to the onsite supervisor to
address any concerns you may have. Should you have additional questions
or concerns, please contact the telephone number provided on the form.

Return or Seizure of Detained Electronic Device(s)

CBP will contact you by telephone when the examination of your electronic
device(s) is complete and to notify you that you may pick-up the item(s)
during regular business hours from the location where the item(s) were
detained. If it is impractical for you to pick up your device, CBP can make
arrangements to ship your device to you at our expense. CBP may retain
documents or information relating to immigration, customs, and other
enforcement matters if such retention is consistent with the privacy and data
protection standards of the system in which such information is retained.
Otherwise, if there is no probable cause to seize the information after
review, CBP will not retain any copies of the information.

If CBP determines that the device is subject to seizure under law—for
example, if the device contains evidence of a crime, contraband or other
prohibited or restricted items or information—then you will be notified of
the seizure as well as your options to contest it through the local CBP Fines,

Penalties, and Forfeitures Office.
Continued ==»

Please visit the U.S. Customs and Border Protection

Web site at www.cbp.gov

CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER DOJ_PROD_0000151829
Case 2:20-cr-00579-SVW Document 152-4 Filed 03/15/21 Page 3of3 Page ID #:1170

U.S. Customs and

Border Protection

Privacy and Civil Liberties Protection

Inconducting border searches, CBP officers strictly adhere to all constitutional
and statutory requirements, including those that are applicable to privileged,
personal, or business confidential information. CBP has strict oversight
policies and procedures that implement these constitutional and statutory
safeguards. Further information on DHS and CBP privacy policy can be
found at www.dhs.gov/privacy.

The DHS Office for Civil Rights and Civil Liberties investigates complaints
alleging a violation by DHS employees of an individual’s civil rights or civil
liberties. Additional information about the Office is available at www.dhs.
gov/topic/civil-rights-and-civil-liberties.

Additional information on CBP’s search authority, including a copy of CBP’s
policy on the border search of information, can be found at: www.cbp.gov/

DHS Travel Redress Inquiry Program (DHS TRIP)

The U.S. Department of Homeland Security’s Travel Redress Inquiry
Program (DHS TRIP) provides a single portal for travelers who have
inquiries or seek resolution regarding difficulties they experienced
during travel screening or while crossing U.S. borders, including possible
watch list misidentification issues. To initiate an inquiry, please log
on to DHS TRIP’s interactive website: at: www.dhs.gov/trip. There you
will be prompted to describe your particular concerns and experience,
provide contact information to which a response will be directed, and be
assigned a case number to help you monitor the progress of your inquiry.
In addition, depending on your inquiry, documentation may be required.

CBP INFO Center
This office responds to general or specific questions or concerns about
CBP examinations. You may contact us in any one of three ways:

Telephone: During the hours of 8:30 a.m. to 5 p.m. Eastern time:
(202) 325-8000
(877) 227-5514 (toll-free call for U.S. callers)
(703) 526-4200 (international callers)
(866) 880-6582 (TDD)

Online: Through the “Questions” tab at:
http://www.cbp.gov

Mail address format:
CBP INFO Center, MS 1345
1300 Pennsylvania Avenue NW
Washington, DC 20229

Privacy Act Statement
Pursuant to 5 U.S.C, § 552a (e)(3), this Privacy Act Statement serves to inform you of the following
concerning the possible collection of information from your electronic device.

AUTHORITY and PURPOSE: See above, Authority to Search.

ROUTINE USES: The subject information may be made available to other agencies for investigation
and/or for obtaining assistance relating to jurisdictional or subject matter expertise, or for translation,
decryption, or other technical assistance. This information may also be made available to assist in
border security and intelligence activities, domestic law enforcement and the enforcement of other
crimes of a transnational nature, and shared with elements of the federal government responsible for
analyzing terrorist threat information.

CONSEQUENCES OF FAILURE TO PROVIDE INFORMATION: Collection of this information is
mandatory at the time that CBP or ICE seeks to copy information from the electronic device. Failure
to provide information to assist CBP or ICE in the copying of information from the electronic device

may result in its detention and/or seizure.
CBP Publication No. 2123-1215
Revised December 2015

CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER DOJ_PROD_0000151830


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